Scope:

Evaluation of Regulations (EC) 1071/2009 on access to the occupation of road transport operator and 1072/2009 on common rules for access to the international road haulage market

This evaluation builds on the work of the administrative burden reduction (ABR) programme.

Evaluation findings:

The evaluation concluded that overall the Regulations provide an appropriate framework to achieve the objectives of more harmonised conditions for access to the profession and to the international road transport market. Regulation (EC) No 1072/2009 was partly effective in achieving its original objective of enhancing compliance with the requirement of the temporary nature of cabotage.

However, significant issues were encountered. The main difficulties were linked to the practical application and enforcement of the principles laid down in the Regulations. Differences in interpretation of their provisions by Member States and hauliers, inconsistencies in enforcement practices and lack of cooperation between Member States hinder the effective enforcement of the Regulations and bring about legal uncertainty for the operators.

Estimated savings and benefits

The evaluation found that the benefits experienced due to reductions in administrative costs were EUR 8 million to €14 million per annum and thus much lower than the originally anticipated amount of EUR 175 million. This is because not all of the Member States' national electronic registers were interconnected to the European Register of Road Transport Undertakings (ERRU) leading to the insufficient use of ERRU by Member States which are already connected. However, the total cost of setting up national electronic registers and interconnecting them with ERRU was EUR 22.1 million, around 70% lower than the ex-ante cost estimates of EUR 73 million.

Which objective(s) did the Commission pursue?

The amendments proposed aimed at reducing the administrative burden both for public authorities and private operators. This was to be done mainly through the mandatory acceptance of electronic transport documents in international transport by national enforcement authorities and through clearer and more harmonised rules on access to the profession. On the one hand, this would make it easier for control authorities to enforce the existing legislation. Better use of existing control tools was likely to reduce the duration of checks, whereas targeting of checks thanks to the technical capabilities of the digital tachograph would increase detection levels. On the other hand, operators should enjoy increased certainty when planning their transport operations, thanks to the application of uniform control provisions throughout the EU. The use of electronic transport documents would reduce administrative burdens for hauliers.

The proposal also aimed to clarify and simplify certain provisions of Regulations (EC) No 1071/2009 and 1072/2009. The corresponding amendments would facilitate their implementation by Member States and bring a more uniform application across the EU.

Furthermore, the whole initiative was expected to improve the effectiveness and efficiency of the Regulations in achieving their original objective of creating suitable competitive conditions in the market by correcting the main shortcomings identified.

Estimated savings and benefits

The estimated savings for businesses from the revised Regulations are between 5.2 and 6.9 billion euros for the EU-28 in 2020-2035.

The proposal was also meant to lead to more effective monitoring and enforcement of the rules and fewer infringements. The expected reduction of infringements of cabotage rules is up to 62 % and the reduction of the risk of letterbox companies is about 10 %.

While enforcement costs for public authorities are expected to increase, this increase is of a much lower magnitude than the savings for businesses and is justified by the improvement in the competitive conditions, with fewer infringements of cabotage rules, fewer letterbox companies being created and better working conditions for transport workers.

Outcome of Legislative Procedure

In July 2020, the European Parliament and Council adopted Regulation of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector. The amendments clarify and simplify certain provisions of Regulations (EC) 1071/2009 on access to the occupation of road transport operator and (EC) 1072/2009 on common rules for access to the international road haulage market. Clearer and more harmonised rules on access to the profession will facilitate their implementation by Member States, reduce the administrative burden both for public authorities and private operators, and bring a more uniform application and better cooperation between the competent authorities across the EU.

The new legislation will remedy the existing loopholes and difficulties in enforcement as regards notably better enforcement of cabotage rules. It will create a level playing field between all operators providing transport services in the EU by ensuring fair competitive conditions and preventing unfair and illegal cost advantages for certain operators. It also provides for strengthened provisions to fight against letterbox companies and the associated illegal labour practices. To help detect breaches of the rules, smart tachographs will be deployed to record border-crossings and other activities.

The legal act adopted retains the simplification aspects from the Commission proposal.

Estimated savings and benefits

Clearer rules and easier enforcement should lead to savings for businesses between 5.2 and 6.9 billion euros for the EU-28 in 2020-2035.

More effective monitoring and enforcement of the rules and fewer infringements will also bring about reduction of infringements of cabotage rules and reduction of the risk of letterbox companies. Two provisions relating to the obligation of return of the truck every 8 weeks and combined transports were added during the legislative process.